Upon an application being made to the court to procure the sale of real estate for the payment of debts of a deceased person, if it appear that there is a dower or a homestead in the land sought to be sold, the court has the right and power to cause the dower and homestead to be assigned, and may take all necessary proceedings to effect this end.12

10 Newell vs. Montgomery, 129 I11., 58.

11 Jub vs. Rose, 146 Ill., 41.

(a) If the dower cannot be assigned without manifest prejudice to the interest of the parties, the premises can be sold free of any claim of dower, and the value paid in cash to the person entitled to it. In the case of a homestead, if it should develop that the premises cannot be set off, the court may order the sale of the whole estate free of the homestead rights; the party entitled thereto, however, shall have the sum allowed paid to him in cash. Any sale of the homestead estate is void unless there is a strict obedience to these conditions.13

(b) The decree should provide that only so much of the real estate as is necessary to pay the debts which are not otherwise provided for, and it is error to permit the sale of any other amount.14 The power of the court to direct the sale of land to pay debts is governed by the statute, and the statute, therefore, must be strictly followed.